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What to Do When Someone Contests Your Loved One's Will

By
Barron, Rosenberg, Mayoras & Mayoras P.C.
|April 20, 2016

Grieving over a loved one who passed can be difficult enough. The situation
becomes much worse when the family has to spend time fighting in court
because someone contests the will. While your focus is on treasuring your
special memories with your loved one, a will contest can be stressful,
expensive, and emotional, especially when you feel that you know your
loved one’s true intentions. These are cases you simply can’t
afford to lose.

Why Would a Will Be Contested?

There are several reasons that a will contest might arise after a death.
Some individuals might write a last will and testament once and then never
touch it again, while others may change their will at an advanced age.
In the first scenario, the will might be contested because it contains
out of date information, or be confusing. The second scenario may lead
to the will being contested on the grounds of coercion, or a loved one
not being of “sound mind” when creating or updating the will.

Other scenarios that might lead to a will contest are when blended families
don’t believe the will leaves them what they were expecting, or
when children or others have been excluded from a will. Additional complications
arise when someone creates his or her own last will, without using an
experienced estate planning attorney.

The First Step When a Will Is Contested

If someone threatens to contest your loved one’s will, it is essential
to consult an experienced probate litigation attorney who can advise you
about your rights, as soon as possible. Seasoned attorneys know how to
begin collecting evidence and documents in support of your claims and
can advise you of the strengths and weaknesses of your position. If someone
has filed to contest a will, you need a highly-qualified law firm on your
side to protect your rights.

Sometimes, individuals might assume that they can reason with family members
to drop a contested will case, but this rarely works. It’s in your
best interests to work with an attorney as quickly as possible upon learning
that your loved one’s will has been contested. An experienced probate
litigation attorney can help you build a case and prepare you for what
to expect if the will contest proceeds. Evidence quickly becomes stale,
and many rights can be lost if prompt action is not taken.

Examining a Contested Will

In all cases of a contested will, it’s important to examine all available
documents relating to the will and the estate. For example, if the mental
state of the individual who signed the last will and testament is being
questioned, medical records can become a crucial part of your case. What
they reveal about the person’s diagnoses, as well as the time that
lapsed between the time your loved one was examined by a healthcare professional
and the time that he or she signed the will, are often important. Financial
records, such as bank or investment statements, often also play a key role.

A seasoned attorney with expertise in the area of contested wills can help
you interview witnesses and gather documentation necessary to support
your case. With the right legal support, you can help honor the true wishes
of your deceased loved one.

Why Working With an Experienced Attorney Is Crucial

When disputes involve multiple family members, the conversations surrounding
a will contest can become emotionally charged very quickly. You, too,
may have an emotional response to the dispute.

You don’t need the added stress and aggravation of worrying about
how to resolve disagreements regarding your loved one’s will. Hand
over the reins to an accomplished probate litigation attorney as soon
as you learn about a potential contested will, so that you can focus on
grieving rather than being staying up at night fretting about a legal
dispute. A good probate attorney will help put your mind at rest!

Contact an experienced
Michigan probate attorney at Barron, Rosenberg, Mayoras & Mayoras as soon as possible. Reach
us at (248) 494-4577, or through our
Contact page, in order to protect your rights and the wishes of your deceased loved
one. Our initial consultation is done at no charge. An understanding and
dedicated attorney experienced in will contests can help you manage this
legal dispute as quickly and effectively as possible. We are there for
you when you can’t afford to lose.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.